action items · \10570\dwg\13-q3302.dwg, dated august 19, 2013, entitled “easement plat showing...

$: ACTION ITEMS · \10570\DWG\13-Q3302.DWG, dated August 19, 2013, entitled “Easement Plat Showing Temporary Construction and Access Easement Across a Portion of the Property of William$
ADMINISTRATIVE ITEMS REPORT

January 15, 2014

____________________________________________________

# 2 ACTION ITEMS

a. Budget Adjustments

b. Board of Supervisors’ Minutes

c. Deeds for Approval

d. Agreement between the County of Loudoun and the Middleburg Volunteer Fire Department

Inc. for Repair and Maintenance of the Renovated Middleburg Fire-Rescue Station

e. Approval/Acceptance of Deed of Easement to County: Temporary Construction Easement for

Removal of the Murray’s Ford Bridge Ruins Across Property of William J. Hennessy, Jr., and

Arezou K. Hennessy (Pin: 154-45-1833)

f. Approval/Acceptance of Deed of Easement to County: Temporary Construction Easement for

Removal of the Murray’s Ford Bridge Ruins Across Property of Carol A. O’Neil, Trustee (PIN:

154-45-3829)

g. Appointment of Supervisor Buona to Length of Service Award Program (LOSAP) Committee

h. Grant of Easement over County Property – Brambleton Park East (Dominion Virginia Power Right

of Way Agreement (Easement) for Restroom and Concession Facility)

i. Grant of Easement over County Property – Loudoun County Transit Maintenance and

Operations Facility (Northern Virginia Electric Cooperative Utility Easement)

j. Secondary Road Addition: Tall Cedars Parkway – West Extension, Phase 1 (Stoneridge)

k. Secondary Road Addition: Courtland Rural Village, Sections 1-2-3A &3B

Date of Meeting: January 15, 2014

a. BUDGET ADJUSTMENTS

STAFF CONTACT: Ben Mays, Director, Management & Financial Services

Penny Newquist, Deputy Director, Management & Financial Services

Erin McLellan, Budget Officer, Management & Financial Services

RECOMMENDATION:

Staff recommends that the Board of Supervisors approve the budget adjustments as stated below.

BA-1180495 This budget adjustment estimates and appropriates $5,000 in grant funding from

the Virginia Commission for the Arts. The local match was included in the FY

2014 contribution to Loudoun Museum and Loudoun Symphony Association.

No additional local tax funding is required to match these funds.

BA-1155623 This budget adjustment estimates and appropriates $297,535 of Community

Development Block Grant (CDBG) funding in the Department of Family

Services. No local tax funding is required to match these funds.

FISCAL IMPACT: Budget adjustments presented for the Board’s consideration increase the

General Fund revenue budget by $302,535 and increase the General Fund expenditures budget by

$302,535. As a result, there is no impact to the unassigned General Fund balance.

DRAFT MOTION(S):

I move that the Board of Supervisors (1) approve the FY 2014 budget adjustments as set out in the

January 15, 2014 Administrative Items Report, (2) recognize an increase in revenue in the amount

of $302,535 in the General Fund for FY 2014, and (3) make an increase in

FY 2014 appropriations of $302,535 in the General Fund.

OR

I move an alternative motion.


b. BOARD OF SUPERVISORS’ MINUTES

STAFF CONTACT: Jeanette Gilbert, County Administration

______________________________________________________________________________

The December 4, 2013 Board Business Meeting and the December 11, 2013 Public Hearing

Minutes are before the Board for approval.

MOTION:

The Board of Supervisors moves to approve the December 4, 2013 Board Business Meeting and

the December 11, 2013 Public Hearing Minutes.

There were no Committee Summaries included in the Board’s Packet:

ATTACHMENTS:

Minutes at the end of the Administrative Items Report


c. DEEDS FOR APPROVAL

STAFF CONTACTS:

Building and Development: Michael Seigfried, Acting Director

Building and Development: William M. Himel, Planner

Office of County Attorney: Mary Valenta, Assistant County Attorney

______________________________________________________________________________

BACKGROUND:

1. ESMT 2013-0050

River Creek Parkway

Trail Improvements

Deed of Easement creating a sidewalk/trail easement, as depicted

on the associated plat. Approved as to legal form by the Office of

County Attorney on December 31, 2013 [E. Blankenship].

2. SBPR 2010-0007

Stine Ridge Public Use

Site #3

Deed of Gift and Release for proffered public use site #3 per

ZMAP 2006-0011, as depicted on the associated plat. Approved

as to legal form by the Office of County Attorney on December

20, 2013 [D. Larson].

3. SBRD 2013-0020

Black Oak Ridge

Deed of Open Space Easement dedicating an open space

easement in accordance with Section 5-702(H)(1) of the Revised

1993 Zoning Ordinance, as depicted on the associated plat.

Approved as to legal form by the Office of County Attorney on

December 17, 2013 [M. Baggett].

DRAFT MOTION:

I move that the Board of Supervisors approve the aforementioned deeds as presented.


d. AGREEMENT BETWEEN THE COUNTY OF LOUDOUN AND THE MIDDLEBURG

VOLUNTEER FIRE DEPARTMENT INC. FOR REPAIR AND MAINTENANCE OF THE

RENOVATED MIDDLEBURG FIRE-RESCUE STATION

STAFF CONTACT: John Sandy, Assistant County Administrator

Chief Keith Brower, Department of Fire, Rescue and Emergency Management

BACKGROUND:

The county recently completed a $5+ million renovation of the Middleburg Fire-Rescue Station which

houses the Middleburg Volunteer Fire Department, Incorporated (MVFD) and career personnel from the

Loudoun County Department of Fire, Rescue and Emergency Management (DFREM). The MVFD owns

title to the property and the facility. In order to facilitate the orderly and timely repair and maintenance

of the facility to protect both career and volunteer personnel at this facility and to guarantee the county’s

financial interest (equity) in this renovation, an agreement was negotiated between the county and the

volunteer company.

The agreement specifically modifies the prior existing service agreement signed between the county and

the MVFD with regard to repair and maintenance responsibilities by ensuring that these repairs,

maintenance, and general upkeep responsibilities are to be performed by the county government through

its personnel and/or designated contractors. The management of this work will be at the discretion of the

county and communicated through existing channels between MVFD and DFREM (i.e., command

structure) to the county’s Department of General Services.

Finally, the agreement stipulates what happens to the Middleburg Fire-Rescue Station and property if the

MVFD ceases to exist as a non-profit corporation for the purposes of providing firefighting services to

County residents and businesses prior to 2024. In this instance, the county would have right-of-first refusal

to purchase the facility and land for the value of the land as established by the latest assessment by the

Commissioner of Revenue as of the date the company ceases to exist. On or after 2024, if the company

ceases to exist as a firefighting organization, the county government and the corporation would negotiate

the sales price based upon the average of three (3) commercial appraisals—one chosen by the county

government, one by the corporation and one mutually agreed upon by both parties.

Similar agreements to the MVFD agreement are anticipated to be negotiated for the current Purcellville

Fire and Rescue Station, the soon-to-be renovated facilities at Sterling Park (Commerce Street) and

Ashburn.

DRAFT MOTION:

I move that the Board of Supervisors enter into the attached agreement with the Middleburg Volunteer Fire

Department, Inc. and so designate the County Administrator as their designated signatory for said

agreement.

ATTACHMENTS:

1. Repair and Maintenance Agreement: Loudoun County and MVFD, Inc.

2. December 23, 2013: MVFD, Inc. Board of Directors’ Resolution of Approval

3. January 6, 2014: MVFD, Inc. Board of Directors’ Certification of Membership Approval

Attachment 1

1

Attachment 1

2

Attachment 1

3

Attachment 2

Attachment 3

K:\BOS Staff Report Review\2014\Board Business Meetings\01-15-14\Draft Items\AIR\e. Deed of easement to County-Temp Construction Easement for Removal Murrays Ford Bridge Across Hennessy Property.docx


e. APPROVAL/ACCEPTANCE OF DEED OF EASEMENT TO COUNTY:

TEMPORARY CONSTRUCTION EASEMENT FOR REMOVAL OF THE

MURRAY’S FORD BRIDGE RUINS ACROSS PROPERTY OF WILLIAM J.

HENNESSY, JR., AND AREZOU K. HENNESSY (PIN: 154-45-1833)

STAFF CONTACTS: Randy Williford, General Services

Jason Hobbie, Office of the County Attorney

_______________________________________________________________________________

BACKGROUND:

On April 3, 2013, the County approved the removal of the Murray’s Ford Bridge Ruins (Bridge

Ruins) as a Capital Improvement Project. The Bridge Ruins are located within the Goose Creek,

approximately 400 feet southward of Sycolin Road (Route 625), in the Catoctin and Blue Ridge

Election Districts. The easement being granted to the County would permit necessary ingress and

egress, grading, construction activity, and storage of construction equipment for the removal of

the Bridge Ruins. The location of the proposed easement is shown on the attached plat number

\10570\DWG\13-Q3302.DWG, dated August 19, 2013, entitled “Easement Plat Showing

Temporary Construction and Access Easement Across a Portion of the Property of William J.

Hennessy, Jr. Arezou K. Hennessy”. The Department of General Services has reviewed the said plat

depicting the easement and has indicated no objection.

DRAFT MOTION:

I move that the Board of Supervisors approve and accept the temporary construction and easement

being granted to the County as shown on plat number \10570\DWG\13-Q3302.DWG, dated August

19, 2013, entitled “Easement Plat Showing Temporary Construction and Access Easement Across

a Portion of the Property of William J. Hennessy, Jr. Arezou K. Hennessy”, and that the Chairman,

Vice-Chairman, and County Administrator be authorized to execute the Deed of Easement or other

form of easement acceptable in form to the County Attorney.

ATTACHMENT:

The Plat showing location of the property and requested easement.

K:\BOS Staff Report Review\2014\Board Business Meetings\01-15-14\Draft Items\AIR\f. Deed of easement to County-Temp Construction Easement for Removal Murrays Ford Bridge Across ONeil Property.docx


f. APPROVAL/ACCEPTANCE OF DEED OF EASEMENT TO COUNTY:

TEMPORARY CONSTRUCTION EASEMENT FOR REMOVAL OF THE

MURRAY’S FORD BRIDGE RUINS ACROSS PROPERTY OF CAROL A.

O’NEIL, TRUSTEE (PIN: 154-45-3829)

STAFF CONTACTS: Randy Williford, General Services


_______________________________________________________________________________

BACKGROUND:

On April 3, 2013, the County approved the removal of the Murray’s Ford Bridge Ruins (Bridge

Ruins) as a Capital Improvement Project. The Bridge Ruins are located within the Goose Creek,

approximately 400 feet southward of Sycolin Road (Route 625), in the Catoctin and Blue Ridge

Election Districts. The easement being granted to the County would permit necessary ingress and

egress, grading, construction activity, and storage of construction equipment for the removal of

the Bridge Ruins. The location of the proposed easement is shown on the attached plat number

\10570\DWG\13-Q3301.DWG, dated August 19, 2013, entitled “Easement Plat Showing

Temporary Construction and Access Easement Across a Portion of the Property of The Carol A.

O’Neil Trust”. The Department of General Services has reviewed the said plat depicting the

easement and has indicated no objection.

DRAFT MOTION:

I move that the Board of Supervisors approve and accept the temporary construction and easement

being granted to the County as shown on plat number \10570\DWG\13-Q3301.DWG, dated August

19, 2013, entitled “Easement Plat Showing Temporary Construction and Access Easement Across

a Portion of the Property of The Carol A. O’Neil Trust”, and that the Chairman, Vice-Chairman,

and County Administrator be authorized to execute the Deed of Easement or other form of easement

acceptable in form to the County Attorney.

ATTACHMENT:



g. APPOINTMENT OF SUPERVISOR RALPH BUONA TO LENGTH OF

SERVICE AWARD PROGRAM (LOSAP) COMMITTEE

STAFF CONTACT: Ben Mays, CFO, Management and Financial Services

BACKGROUND:

At the January 2, 2014 Business Meeting, the Board of Supervisors made nominations of Board

members to local and regional advisory Boards, Committees, and Commissions. Membership on

the Length of Service Award Program (LOSAP) Committee was inadvertently left off the list.

LOSAP is a retirement-type plan for Fire/Rescue volunteers. On May 17, 2011, the Board of

Supervisors created the LOSAP Committee to manage the investments, monitor plan

administrators, and address plan design for Fire/Rescue volunteers. The Board established the

Finance/Government Services and Operations Committee Chairman as the primary Board

member designee, with the Board Chairman as alternate.

This item is to formalize FGSO Committee Chairman Ralph Buona as the Board’s appointee to

the LOSAP Committee for 2014. Future appointments will be included with the Board’s annual

Organizational Matters item at its first Business Meeting in January.

DRAFT MOTION:

1. I move that the Board of Supervisors approve the nomination of Supervisor Ralph Buona,

Chairman of the Finance/Government Services and Operations Committee, as the Board

of Supervisors’ representative to the LOSAP Committee.

K:\BOS Staff Report Review\2014\Board Business Meetings\01-15-14\Draft Items\AIR\h Grant of Easement Over County Property-Brambleton Park East (JSHv 6) 010914.docx


h. GRANT OF EASEMENT OVER COUNTY PROPERTY – BRAMBLETON PARK

EAST (Dominion Virginia Power Right of Way Agreement (Easement) for Restroom

and Concession Facility)

STAFF CONTACTS: Dawn Klassen, Department of Transportation & Capital Infrastructure

Mark Hoffman, Department of Transportation & Capital Infrastructure


_______________________________________________________________________________

BACKGROUND:

Dominion Virginia Power (“DVP”) requests the Board of Supervisors to enter a Right-of-Way

Agreement (grant an easement) with DVP to allow for the extension of electric service through a

portion of Brambleton Park (East) to serve a proposed County Restroom and Concession Facility,

which is the subject of Site Plan (STPL) application number 2010-0022. This proposed Facility is

located within Brambleton Park (East), at 22388 Belmont Ridge Road (PIN: 157-17-5653), in the

Dulles Election District. The requested easement would permit the transmission and distribution of

electric power to, and lighting of, the proposed Facility. The location of the proposed easement is

shown on the attached plat number 48-13-0041, dated January 7, 2014, entitled “Plat to Accompany

Right-of-Way Agreement”. The Department of Parks, Recreation, and Community Services and the

Department of Transportation & Capital Infrastructure (f/k/a Construction and Waste Management)

have reviewed the said plat depicting the easement and have indicated no objection.

DRAFT MOTION:

I move that the Board of Supervisors approve the requested grant of easement to Virginia Electric and

Power Company (doing business in Virginia as Dominion Virginia Power as shown on plat number

48-13-0041, dated January 7, 2014, entitled “Plat to Accompany Right-of-Way Agreement”, and

that the Chairman, Vice-Chairman, and County Administrator be authorized to execute the Deed of

Easement or other form of easement acceptable in form to the County Attorney.

ATTACHMENT:



i. GRANT OF EASEMENT OVER COUNTY PROPERTY – LOUDOUN COUNTY

TRANSIT MAINTENANCE AND OPERATIONS FACILITY (Northern Virginia

Electric Cooperative Utility Easement)

STAFF CONTACTS: Dawn Klassen, Land Acquisition Manager, Department of

Transportation and Capital Infrastructure

Lauri A. N. Sigler, Assistant County Attorney

_______________________________________________________________________________

BACKGROUND:

Northern Virginia Electric Cooperative (NOVEC), has requested an electric utility easement and

communications system easement across County property (41975 Loudoun Center Place, Leesburg,

Virginia, and otherwise referred to as PIN # 191-16-9866) to provide electric and communications

services and facilities to serve the Loudoun County Transit Maintenance and Operations Facility.

The Board of Supervisors previously approved an easement to NOVEC on February 20, 2013.

This request provides additional easement area to NOVEC that is necessary due to the fact that

some facilities were installed outside the original easement area. The location of the proposed

easement has been approved by the Department of Transportation and Capital Infrastructure and is

shown on the attached plat number 2013-0523, dated December 9, 2013, entitled “Loudoun Square

41975 Loudoun Center Place.”

DRAFT MOTION:

I move that the Board of Supervisors approve the requested grant of easement to Northern Virginia

Electric Cooperative as shown on plat number 2013-0523, dated December 9, 2013, and that the

Chairman and Vice-Chairman be authorized to execute an Easement and Right-of-Way Agreement

or other form of deed of easement acceptable in form to the County Attorney.

ATTACHMENT:

Plat showing location of property and requested easement


j. SECONDARY ROAD ADDITION: Tall Cedars Parkway– West Extension, Phase 1

(Stoneridge)

STAFF CONTACT: Building and Development: Rick Karle

BACKGROUND:

Streets being added to the State Secondary System for maintenance are a routine matter unless some

unusual problems arise. In this case, a portion of Tall Cedars Parkway, from Millstream Drive to

Northstar Boulevard is ready to be added in a routine manner.

DRAFT MOTION:

I move that the Board of Supervisors adopt the attached resolution.

ATTACHMENTS:

Draft resolution

VDOT form AM 4.3

Sketch of streets to be accepted

cc: Bond Committee

B&D Reading File A:\VDOT&miles accept\bospack\BStoneRidge-TallCedarsPkwyExtPh1-01.15.2014

The Board of Supervisors of Loudoun County, in a regular meeting on the

15th day of January, 2014, adopted the following:

R E S O L U T I O N WHEREAS, the streets described in the attached Additions Form AM-4.3 for

Tall Cedars Parkway / West Extension, Phase 1 and fully incorporated herein by

reference are shown on plats recorded in the Clerk's Office of the Circuit Court of Loudoun County,

and

WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised

this Board the street meets the requirements established by the Subdivision Street Requirements

of the Virginia Department of Transportation, and

WHEREAS, the County and the Virginia Department of Transportation have entered into an

agreement on May 19, 1993, and was recorded in Deed Book 1233 page 804 for comprehensive

storm water detention which applies to this request for addition, and

NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of

Transportation add the street(s) described in the attached Additions Form AM-4.3 to the secondary

system of state highways, pursuant to section 33.1-229 of the Code of Virginia, and the

Department's Subdivision Street Requirements, and

BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as

described, and any necessary easements for cuts, fills and drainage, and

BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the

Resident Engineer for the Virginia Department of Transportation.

Recorded Vote A Copy Teste:

Moved By: ________________

Second By: ________________ __________________________________ (NAME) (TITLE)

Yeas: ___________

Nays ___


k. SECONDARY ROAD ADDITION: Courtland Rural Village, Sections 1-2-3A & 3B

STAFF CONTACT: Building and Development: Rick Karle

BACKGROUND:

Streets being added to the State Secondary System for maintenance are a routine matter unless some

unusual problems arise. In this case, Courtland Rural Village Drive, Spotted Owl Drive, Hooded

Crow Drive, Banshee Drive, Oneills Way and windowsills Way are ready to be added in a routine

manner.

DRAFT MOTION:

I move that the Board of Supervisors adopt the attached resolution.

ATTACHMENTS:

Draft resolution

VDOT form AM 4.3

Sketch of streets to be accepted

cc: Bond Committee

B&D Reading File A:\VDOT&miles accept\bospack\CourtlandRuralVillage1-2-3A-3B.01.15.2014

The Board of Supervisors of Loudoun County, in a regular meeting on the

15th day of January, 2014, adopted the following:

R E S O L U T I O N WHEREAS, the streets described in the attached Additions Form AM-4.3 for

Courtland Rural Village, Sections 1, 2, 3A & 3B and fully incorporated herein by

reference are shown on plats recorded in the Clerk's Office of the Circuit Court of Loudoun County,

and

WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised

this Board the street meets the requirements established by the Subdivision Street Requirements

of the Virginia Department of Transportation, and

WHEREAS, the County and the Virginia Department of Transportation have entered into an

agreement on May 19, 1993, and was recorded in Deed Book 1233 page 804 for comprehensive

storm water detention which applies to this request for addition, and

NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of

Transportation add the street(s) described in the attached Additions Form AM-4.3 to the secondary

system of state highways, pursuant to section 33.1-229 of the Code of Virginia, and the

Department's Subdivision Street Requirements, and

BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as

described, and any necessary easements for cuts, fills and drainage, and

BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the

Resident Engineer for the Virginia Department of Transportation.

Recorded Vote A Copy Teste:

Moved By: ________________

Second By: ________________ __________________________________ (NAME) (TITLE)

Yeas: ___________

Nays ___

M I N U T E S

LOUDOUN COUNTY BOARD OF SUPERVISORS

DECEMBER 4, 2013 At a business meeting of the Board of Supervisors of Loudoun County, Virginia, held at the County Government Center in the Board of Supervisors' Meeting Room, 1 Harrison Street, S.E., Leesburg, Virginia on Wednesday, December 4, 2013 at 4:00 p.m. PRESENT: Scott K. York, Chairman Shawn Williams, Vice Chairman

Ralph Buona Janet Clarke Geary Higgins Matthew Letourneau Ken Reid Suzanne Volpe

ABSENT: Eugene Delgaudio IN RE: CALL TO ORDER

Chairman York called the business meeting to order. Supervisor Buona led the invocation and the Pledge of Allegiance. IN RE: ADOPTION OF CONSENT AGENDA Vice Chairman Williams moved that the Board of Supervisors adopt the following items on consent: #2, #3, #4a, #5, #6, #7, #8, #10, #12, #13, #15, #17, #18, #19, #20, #22, #23a, #23b, #23c, #23d, #23e, #26, and #27. Seconded by Supervisor Buona. The motion passed 8-0-1. Supervisor Delgaudio absent for the vote. The following (23) twenty-three items were approved on consent: IN RE: (2) RESOLUTION OF COMMENDATION FOR TERRANCE WHARTON,

DIRECTOR OF BUILDING AND DEVELOPMENT (This item was initiated by Chairman York.) Vice Chairman Williams moved that the Board of Supervisors approve the Resolution of Commendation for Terrance D. Wharton for his service to Loudoun County. Seconded by Supervisor

DRAFT

MINUTES BOARD OF SUPERVISORS’ BUSINESS MEETING DECEMBER 4, 2013 PAGE

Buona. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote. The Board presented the Resolution of Commendation to Terrance Wharton, Director of Building and Development. IN RE: (3) RESOLUTION OF COMMENDATION FOR EAGLE SCOUT ETHAN

RAPHAEL (This item was initiated by Supervisor Volpe.) Vice Chairman Williams moved that the Board of Supervisors approve the Resolution of Commendation for Ethan Raphael, Troop 572, Sterling, Virginia, recognizing his attainment of the rank of Eagle Scout and that this resolution be made part of the permanent record of Loudoun County. Seconded by Supervisor Buona. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote. The Board presented the Resolution of Commendation to Eagle Scout Ethan Raphael. IN RE: (4a) APPOINTMENTS

a. Confirmations (Of Nominations approved at the November 6, 2013 Business Meeting) Vice Chairman Williams moved that the Board of Supervisors confirm the following appointments. Seconded by Supervisor Buona. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote. District Specific Appointment: Transportation Improvement and Safety Commission Dwayne Guthrie as the Catoctin District Representative Non-District Specific Appointments: Community Services Board: Term to expire 06/30/2016 Kellyn Guevara-Kellogg as an Appointed Citizen Amy M. McMullen as an Appointed Citizen Renee Murray as an Appointed Citizen Sarah Elizabeth Bryant as an Appointed Citizen

DRAFT


Economic Development Commission (see ** below) Joanne Theurich: Term to expire 12/31/2014 Paula Harper: Term to expire 12/31/2015 Ted Lewis: Term to expire 12/31/1016 Family Services Advisory Board: Term to expire 09/30/2016 Ali Salar Khawaja as the At-Large Representative Loudoun Health Council: Term to expire 09/30/2015 Dr. Carolyn Walsh as the Citizen Representative Clarification of Term Dates: Loudoun Health Council: (These members were given incorrect term dates previously) Jennifer Odutola: Corrected Term expiration date is 9/30/2014 Joseph Varnau: Corrected Term Expiration date is 9/30/2014

IN RE: (5) ADMINISTRATIVE ITEMS REPORT OF DECEMBER 4, 2013 Vice Chairman Williams moved that the Board of Supervisors approve the Administrative Items Report of December 4, 2013.(Attached at the conclusion of these Minutes.) Seconded by Supervisor Buona. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote. a. Budget Adjustments

The Board of Supervisors moved to: (1) approve the following FY 2014 budget adjustments as set out in the December 4, 2013 Administrative Items Report: BA-1025310, BA-1031442, BA-1031789, BA-1031988, BA-1035448, BA-1036583, BA-1036612, BA-1036639 BA-1036698, BA-1039717, BA-1039859 and BA-1052093 , (2) recognize an increase in revenue in the amount of $441,746 in the General Fund for FY 2014, and (3) make an increase in FY 2014 appropriations of $1,105,019.13 in the General Fund.

b. Board of Supervisors’ Minutes The Board moved to approve the October 2, 2013, October 16, 2013 and the November 6, 2013 Board Business Meeting Minutes.

DRAFT


The following Committee Summary is included in the Board’s Packet: Economic Development Committee Report – 11-18-13

c. Deeds for Approval

The Board moved to approve the following deeds: 1. CPAP 2006-0071/Raspberry Falls Hamlet, Section D-1(Golf Cart Path Crossings); 2. ESMT 2013-0013/Freetown Boulevard; 3. ESMT 2013-0024/Allder School Road - Woodgrove/Ketoctin; 4. ESMT 2013-0033/Tall Oaks Lot 4; 5. ESMT 2013-0058/Braddock Road Improvements LCPS Property; 6. ESMT 2013-0059/Braddock Road Improvements Woo Property; 7. ESMT 2013-0060/Braddock Improvements Willowsford Property; 8. ESMT 2013-0061/Braddock Road Improvements CWM Farm Property; 9. ZCPA 2007-0005/Loudoun Valley Estates;and 10. ZMAP 2006-0011/Stone Ridge Public Use Site #3 Conveyance (PIN 204-35-4604).

d. Timeline Extension CMPT-2013-0010 Washington Gas –

Willowsford Gate Substation The Board of Supervisors moved to approve a timeline extension of an additional 365 days, to October 24, 2014, for Planning Commission action on CMPT-2013-0010 Washington Gas – Willowsford Gate Substation.

e. Noise Expert Request-Transportation & Land Use Committee

The Board of Supervisors moved to direct staff to seek proposals to retain a noise consultant, for an estimated cost of $2,000.00 to assist the Transportation and Land Use Committee in making a recommendation to the full Board regarding appropriate noise control mechanisms to consider as part of the Data Center ZOAM.

The Board further moved to direct staff to seek proposals to retain a noise consultant, at a cost not to exceed $6,000, to conduct a noise study in the vicinity of one of the Data Centers located in proximity to residential uses.

DRAFT


f. Grant of Easement over County Property – Edgar Tillett Memorial Park (Dominion Virginia Power Electric Utility Easement) The Board of Supervisors moved to approve the requested grant of easement to Virginia Electric and Power Company, doing business in Virginia as Dominion Virginia Power as shown on plat number 40-13-0061, dated February 11, 2013, and that the Chairman and Vice-Chairman be authorized to execute a Right-of-Way Agreement or other form of deed of easement acceptable in form to the County Attorney.

g. Assignment of Department of Motor Vehicles 2013 Dog and Cat Sterilization Funds The Board of Supervisors moved to approve the assignment of Loudoun County’s allocation from the DMV 2013 Dog and Cat Sterilization Fund in the amount of $8,445.00 to the Shenandoah Valley Spay/Neuter DBA Potomac Spay/Neuter Clinic, in accordance with Section 46.2-749.2:7 of the Code of Virginia.

h. Acceptance of Deed from Commonwealth of Virginia/Property

of the Former Town of Waterford The Board of Supervisors moved to: (1) approve the deed from the Commonwealth of Virginia conveying any interest in the property of the former Town of Waterford, substantially in the form presented at the December 4, 2013 Business meeting, and (2) authorize the Chairman of the Board to execute the deed or a separate instrument to acknowledge acceptance by the County of Loudoun.

i. Release of Open Space Easement on County Property to Permit

Installation of Loudoun Water Utility Line The Board of Supervisors moved to approve the letter supporting the conversion/diversion of a VOF open space easement on County-owned property (PIN 153-26-6615) for purposes of allowing the construction of Loudoun Water facilities, substantially in the form presented at the December 4, 2013 meeting, and authorize the County Administrator or his designee to sign the letter on its behalf.

j. Request for the Board of Supervisors to Endorse an

Application for an Agriculture and Forestry Industries Development Fund Planning Grant for a Feasibility Study for

DRAFT


the Creation of A Loudoun County Viticulture and Enology Education Center The Board of Supervisors moved to endorse the commitment of $4,375 of existing FY13 Department of Economic Development funds to apply for an Agriculture and Forestry Industries Development Fund Planning Grant to conduct a feasibility study and business plan for the creation of a Loudoun County Viticulture and Enology Education Center.

k. Secondary Road Addition: Blue Ridge Glen

The Board of Supervisors moved to approve the resolution. l. Secondary Road Addition: Loudoun Valley Estates 2, Sections

4 & 5, Landbay 1-Loudoun Reserve Drive 2 The Board of Supervisors moved to approve the resolution.

m. Secondary Road Addition: Cope Property/Stone Fox Estates

The Board of Supervisors moved to approve the resolution. n. Secondary Road Addition: Salem Farm

The Board of Supervisors moved to approve the resolution. o. Secondary Road Addition: Peace Plantation 1, Sections 8 & 9

The Board of Supervisors moved to approve the resolution. p. Secondary Road Addition: Peace Plantation 1, Phase

The Board of Supervisors moved to approve the resolution. IN RE: (6) REVIEW AND RENEWAL, MODIFICATION OR TERMINATION OF

THE NEW ALDIE AGRICULTURAL AND FORESTAL DISTRICT Vice Chairman Williams moved that the Board of Supervisors renew the new Aldie Agricultural and Forestal district, to include only those parcels listed as item numbers 1 through 24 in attachment 3, entitled “new Aldie AFD – proposed BOS recommendations,” to the staff report for the December 4, 2013, Board of Supervisors’ business meeting; modify the conditions of the district to provide that the period before the next review of the district shall be four (4) years; and continue to require any subdivisions or adjustments to parcels enrolled in the district to meet the current zoning ordinance requirements or a minimum of fifty (50) acres, whichever is greater, and prohibit subdivision through clustering.

DRAFT


Vice Chairman Williams further moved that the Board of Supervisors’ renewal of the New Aldie Agricultural and Forestal district be based in the finding that, after consideration of the findings and recommendations of the Agricultural District Advisory Committee and the Planning Commission, all parcels included in the renewal of the district contain Agriculturally and Forestally significant land. Seconded by Supervisor Buona. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote. IN RE: (7) FY2014 METROPOLITAN WASHINGTON COUNCIL OF

GOVERNMENTS DUES Vice Chairman Williams moved that the Board of Supervisors authorize the County Administrator to release funding for payment of Loudoun County’s FY 2014 Metropolitan Washington Council of Governments membership dues in the amount of $249,885. Seconded by Supervisor Buona. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote. IN RE: (8) OPTIONS FOR WESTERN LOUDOUN COMMUTER LOT Vice Chairman Williams moved that the Board of Supervisors direct staff to apply for a Commission Permit with the Town of Purcellville for a temporary commuter lot at the Purcellville Baptist Church located at 601 Yaxley Drive, in Purcellville, VA and, when approved by the Town, enter into a license agreement with the church to secure commuter parking spaces. Seconded by Supervisor Buona. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote. IN RE: (10) ROUTE 7/ROUTE 690 STATUS UPDATE AND ALIGNMENT

RECOMMENDATION Vice Chairman Williams moved that the Board of Supervisors endorse Design Alternative #1 for a future interchange at the existing Route 7/Route 690 overpass, and direct staff to complete the Interchange Justification Report (IJR) and pursue Commonwealth Transportation Board (CTB) approval of Design Alternative #1. (Attached at the conclusion of these Minutes.) Seconded by Supervisor Buona. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote.

DRAFT


IN RE: (12) MEMORANDUM OF UNDERSTANDING WITH TOWN OF LEESBURG ON ENFORCEMENT OF MAINTENANCE CODE: UPDATE AND APPROVAL

Vice Chairman Williams moved that the Board of Supervisors approve the amended “Memorandum of Understanding for Enforcement of the Virginia Maintenance Code between Loudoun County, Virginia and the Town of Leesburg, Virginia” as presented at the December 4, 2013 meeting. Seconded by Supervisor Buona. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote. IN RE: (13) CMPT-2013-0002 & SPEX-2013-0003/CWS WHEATLAND #116 Vice Chairman Williams moved that the Board of Supervisors ratify the Planning Commission approval of CMPT 2013-0002, CWS-Wheatland #116, based on the Special Exception and Commission Permit plat dated March 31, 2011 and revised through August 27, 2013, prepared by Dewberry Engineers, Inc. and with the Findings for Approval, provided as Attachment 2 to the December 4, 2013 staff report. Vice Chairman Williams further moved that the Board of Supervisors approve SPEX 2013-0004, CWS-Wheatland #116, subject to the Conditions of Approval dated November 26, 2013 and based on the Findings for Approval, provided as Attachments 2 and 3 to the December 4, 2013 staff report. Seconded by Supervisor Buona. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote. IN RE: (15) ZOAM-2013-0005/PROPOSED TEXT AMENDMENTS TO ARTICLE

4, ARTICLE 8, AND SUCH OTHER SECTIONS OF THE REVISED 1993 LOUDOUN COUNTY ZONING ORDINANCE AS NECESSARY TO IMPLEMENT THE ROUTE 28 CORRIDOR PLAN AND CREATE NEW REGULATIONS FOR NEW ROUTE 28 CORRIDOR ZONING DISTRICTS

Vice Chairman Williams moved that the Board of Supervisors approve ZOAM-2013-0005, Route 28 Corridor Zoning Regulations: Amendments to the Revised 1993 Zoning Ordinance, as set forth in Attachment 1 of the Action Item for the December 4, 2013, Board of Supervisors Business Meeting, and find that such ZOAM is in compliance with the Route 28 Corridor Plan policies. Vice Chairman Williams further moved to direct Staff to prepare a proposed process, timetable, and zoning map showing the

DRAFT


proposed boundaries of the Optional Overlay zoning districts on properties located within the Route 28 Corridor, and other related material for Board consideration, for presentation to the Board of Supervisors at a subsequent business meeting. Seconded by Supervisor Buona. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote. IN RE: (17) BOARD MEMBER INITIATIVE: INTERSECTION OF GUM

SPRING ROAD/EVERGREEN MILLS ROAD TRAFFIC SAFETY & CONGESTION RELIEF

(This item was initiated by Supervisors Clarke and Letourneau.) Vice Chairman Williams moved that the Board of Supervisors direct staff to identify the cost and funding sources available for a consultant to study options for near term improvements to the Gum Spring and Evergreen Mills Roads intersection. Seconded by Supervisor Buona. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote. IN RE: (18) BOARD MEMBER INITIATIVE: PROPOSED THROUGH TRUCK

RESTRICTION ON EMERALD PARK DRIVE (ROUTE 1065) IN THE EMERALD PARK ESTATES IN THE CATOCTIN ELECTION DISTRICT

(This item was initiated by Supervisor Higgins.) Vice Chairman Williams moved that the Board of Supervisors hold a public hearing on January 8, 2014 to consider whether it should request the Virginia Department of Transportation to evaluate the implementation of a through-truck restriction on Emerald Park Drive (Route 1065). Seconded by Supervisor Buona. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote. IN RE: (19) BOARD MEMBER INITIATIVE: RESOLUTION TO CTB

REQUESTING BRIDGE NAMING IN HONOR OF JOHN G. LEWIS (This item was initiated by Supervisor Higgins.) Vice Chairman Williams moved that the Board of Supervisors support the resolution requesting the Commonwealth Transportation Board to name the bridge over Catoctin Creek at Featherbed Lane after John G. Lewis. Seconded by Supervisor

DRAFT


Buona. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote. IN RE: (20) BOARD MEMBER INITIATIVE: PARTNERSHIP WITH

KARSIYAKA MUNICIPALITY, TURKEY (This item was initiated by Chairman York.) Vice Chairman Williams moved that the Board of Supervisors grant the Chairman of the Board of Supervisors authorization to enter into a sister county/city partnership with, Karşıyaka Municipality - Turkey provided that such partnerships shall reflect the standard tenets as our existing partnerships. Seconded by Supervisor Buona. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote. IN RE: (22) BOARD MEMBER INITIATIVE: REQUEST TO IDENTIFY

POSSIBLE CASH PROFFERS FOR THE EXTENSION OF A LEFT HAND TURN LANE ON STERLING BLVD ONTO WEST POPLAR AVE IN STERLING

(This item was initiated by Chairman York.) Vice Chairman Williams moved that the Board of Supervisors direct staff to report on available cash proffers for the construction of a left hand turn lane on northbound Sterling Boulevard turning onto West Poplar Road. Seconded by Supervisor Buona. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote. IN RE: (23A) FINANCE/GOVERNMENT SERVICES AND OPERATIONS

COMMITTEE REPORT: CONTRACT AWARD/OPERATION OF THE YOUTH SHELTER

Vice Chairman Williams moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee to authorize the Purchasing Agent to award a one year contract for the Operation of the Youth Shelter Facility to North American Family Institute Inc., for the period of January 1, 2014 to December 31, 2014 in the amount of $1,645,043. Seconded by Supervisor Buona. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote.

DRAFT


IN RE: (23B) FINANCE/GOVERNMENT SERVICES AND OPERATIONS COMMITTEE REPORT: CONTRACT AWARD/9-1-1 TELEPHONY SYSTEM

Vice Chairman Williams moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee to authorize the Purchasing Agent to award a five (5) year contract for a 911 Telephony System utilizing the City of Hampton contract, in the amount of $2,881,226. Seconded by Supervisor Buona. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote. IN RE: (23C) FINANCE/GOVERNMENT SERVICES AND OPERATIONS

COMMITTEE REPORT: AWARD AUTHORITY INCREASE/CONSULTING SERVICES FROM KIMLEY-HORN AND ASSOCIATES, INC. FOR TRANSPORTATION AND CAPITAL PROJECT MANAGEMENT SERVICES

Vice Chairman Williams moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee to authorize the Purchasing Agent to increase the award authority for the Consulting Services for Transportation and Urban Planning, Design and Engineering Services contract with Kimley-Horn and Associates, Inc. in the amount of $745,000, for a new contract amount of $1,745,000. Seconded by Supervisor Buona. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote. IN RE: (23D) FINANCE/GOVERNMENT SERVICES AND OPERATIONS

COMMITTEE REPORT: FY2014 CIP AMENDMENT/TALL CEDARS PARKWAY

Vice Chairman Williams moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee to approve Budget Adjustment #970043 to amend the Adopted FY 2013 – FY 2018 Capital Improvement Program by appropriating $2,502,189 in cash proffers in the Public Facilities Fund in FY 2014 and transfer it to the Capital Fund to construct a half section of Tall Cedars Parkway from Riding Center Drive to Pinebrook Road. Seconded by Supervisor Buona. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote.

DRAFT


IN RE: (23E) FINANCE/GOVERNMENT SERVICES AND OPERATIONS COMMITTEE REPORT: RESOURCES FOR MANAGING LOCAL FIXED ROUTE TRANSIT SERVICE

Vice Chairman Williams moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee to approve adding 1.00 FTE to the Department of Transportation and Capital Infrastructure by converting the current temporary Tysons Express Manager position into the permanent full-time Operations Manager position. Vice Chairman Williams further moved that the Board of Supervisors approve the Finance/Government Services and Operations Committee recommendation to direct staff to prepare a budget adjustment appropriating $37,356 of local gasoline tax revenues to fund this position in FY 2014. Seconded by Supervisor Buona. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote. IN RE: (26) SALE OF FAIRFAX CITY WATER FACILITIES TO LOUDOUN

WATER/TERMINATION OF 1959 AGREEMENT Vice Chairman Williams moved that the Board of Supervisors:

(1) approve the Contingent Termination Agreement among the City of Fairfax, Loudoun County Sanitation Authority and the Board of Supervisors, substantially in the form as presented at the December 4, 2013, meeting, and

(2) authorize the County Administrator to execute that agreement on its behalf.

Seconded by Supervisor Buona. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote.

IN RE: (27) BOARD MEMBER INITIATIVE: SAFE ROUTES TO SCHOOLS

PROGRAM JOINT RESOLUTION REQUEST FROM LOUDOUN COUNTY PUBLIC SCHOOLS

(This item was initiated by Chairman York.) Vice Chairman Williams moved that the Board of Supervisors endorse the Joint Resolution with the Loudoun County School Board in order to confirm the joint effort by the two entities to establish and build upon a "Safe Routes to School" program

DRAFT


for students within Loudoun County Public Schools. (Attached at the conclusion of these Minutes.) Seconded by Supervisor Buona. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote. IN RE: CHAIRMAN’S INFORMATION ITEMS Chairman York had no information items to present. IN RE: (1) BRIEFING ITEM: LAND DEVELOPMENT APPLICATIONS,

DECEMBER 4, 2013 PUBLIC HEARING John Merrithew, Department of Planning, briefed the Board on the land development applications for the December 11, 2013 Board of Supervisors’ Public Hearing. The purpose of this item was to solicit any additional comments or questions so staff could prepare a response for the hearing, if time allowed. Seven of the nine items on the December agenda had been reviewed by the Planning Commission (PC). There were three land use applications; a Special Exception to allow data center development in the Prologis development and two rezonings. There are no issues with the Prologis Special Exception and the Commission voted 9-0 to recommend approval. The two rezonings, one at Goose Creek Village North in Ashburn and the second, Evermont Trace, in Brambleton, were both coming to the Board with unanimous Commission recommendations of denial (6-0-3, 7-0-2, respectively). Neither application has drawn significant public comment; however, there were land use policy issues and employment to residential conversion issues. There are also two Zoning Ordinance Amendments (ZOAM) on the December agenda: a proposal to expand the number of zoning districts in which public schools are permitted uses (permitted by right), and proposed amendments to the Child Care standards. He noted that the Planning Commission proposed that there be no change in the review process for the schools as laid out currently. He said the PC proposed performance standards and these would apply to the by right schools, some definition changes to clarify the distinction between public and private schools. The Schools By Right ZOAM drew a considerable amount of public comment, for the most part, opposed to the amendment because it would remove opportunities for public comment on school applications. As noted in Attachment 1, the Commission recommendation reflects that concern. The Childcare amendments had also drawn public comment, primarily from child care operators concerned about the

DRAFT


complexity and cost of getting required approvals. The Commission worked with State staff, operators and local Family Services staff throughout their review. In conjunction with the Ordinance amendment (and as part of the same staff report), the Board would be considering a fee schedule change for legislative applications and zoning permits associated with child care facilities. He added that the Planning Commission voted 9-0 to recommend the modified ordinance amendment. The final agenda item was a Comprehensive Plan Amendment (CPAM) initiated by the Board for the northern portion of the Lower Sycolin Transition Policy Area. The amendment considers changes to the planned land use based on recent developments in the area. The area includes fourteen (14) properties and all owners were contacted and invited to an outreach meeting prior to Commission review. Public comment at the October 15, 2013 Planning Commission hearing supported the proposal and the Commission voted 9-0 to recommend approval.

Board Requests: Supervisor Buona asked staff to provide the Board information regarding the deadline for the ZMAP and ZCPA for Goose Creek Village North. IN RE: ADDITIONS/DELETIONS Chairman York added Resolution of Appreciation to Sean T. Connaughton to the agenda as Item #30. IN RE: CLOSED SESSION Vice Chairman Williams moved that pursuant to Section 2.2.3711 of the Code of Virginia, the Loudoun County Board of Supervisors recess the public meeting and enter into closed session. The authority for the closed session is Section 2.2.3711(A), Subsection (3). The purpose of the closed session is discussion or consideration of an acquisition of real property for a public purpose where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board. The subjects of the closed session are:

1. the acquisition of school sites in the Dulles North area; 2. the acquisition of a site for the Leesburg Park and Ride

Lot; and

DRAFT


3. the acquisition of a site for the Aldie Fire and Rescue Station.

The authority for the closed session is Section 2.2.3711(A), Subsection (7). The purpose of the closed session is consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation and consultation with legal counsel on specific legal matters. The subject of the closed session is the SCC Proceedings on the Dulles Greenway tolls (PUE-2013-00011). In addition, the authority for the closed session is Section 2.2.3711(A), Subsection (1). The purpose of the closed session is discussion or consideration of the performance of specific public officers, appointees or employees of the Board. The subject of the closed session is the annual performance review of the County Administrator. Seconded by Supervisor Buona. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote. Vice Chairman Williams moved that the Board of Supervisors adjourn the closed session and that the Board of Supervisors reconvene its public meeting and that the minutes of the public meeting should reflect that no formal action was taken in the closed session. Seconded by Supervisor Volpe. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote. Vice Chairman Williams further moved that the Resolution Certifying the Closed Session be adopted and reflected in the Minutes of this public meeting. Seconded by Supervisor Buona. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote.

Resolution Certifying Closed Session

WHEREAS, the Loudoun County Board of Supervisors, this 4th day of December , convened in closed session by an affirmative vote and in accordance with the provisions of the Virginia Freedom of Information Act:

Now, therefore, be it resolved that the Board of Supervisors does hereby certify that to the best of each member’s knowledge, only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the closed session to which this certification applies; and

DRAFT


(2) only such public business matters as were identified in the motion by which the said closed session was convened were heard, discussed or considered by the Board of Supervisors. IN RE: PUBLIC INPUT Chairman York announced that each speaker would have up to two minutes to speak during public input. Gem Bingol from the Piedmont Environmental Council spoke in opposition of the Bi-County Parkway. She emphasized the need for better solutions that solved issues that the Bi-County Parkway was supposed to address that would not put communities and the environment at risk and moved the County’s progress toward an energy efficient future. Natalie Pien, Catoctin District, spoke in opposition of the Bi-County Parkway and referred to the report, “Rethinking the Bi-County Parkway, Making Sound Transportation Investments in Prince William and Loudoun County While Preserving Manassas Battlefield National Park,” by Norman L. Marshall. She commented that the report concluded the parkway may increase rather than alleviate traffic congestion. She requested the Board reconsider the Bi-County Parkway in a broader context. Anne Donovan Larson, Vice President of Taylorstown Community Association and a committee member of the Scenic River Advisory Committee of Catoctin Creek, thanked the Board for passing the naming of a bridge after John Lewis, an important historical figure. Todd Sipe of the Dulles Farms Homeowners Association thanked Supervisor Letourneau for work he had done on the Pleasant Valley-Braddock interchange and Chairman York for the letter which clarified the route of the Bi-County Parkway. He urged traffic control to avoid problems in the Braddock and Route 50 area. Bruce Johnson, Catoctin Creek Scenic River Advisory Group and Taylorstown Community Association, thanked the Board for their support of Supervisor Higgins’ resolution naming a bridge after Loudoun County historian, John Lewis, as a wonderful way to recognize him and celebrate his legacy in Loudoun County.

DRAFT


Connie Cota inquired why transportation decision makers in the area were not planning for the future and for mass transit. She stated the country needed to be progressive and transition to efficient clean energy. Shaun Kelley, Chair of the County’s Economic Development Commission (EDC), thanked Tim Hemstreet, Julie Grandfield, members of the EDC, Vice Chairman Williams, and Supervisor Reid, for proposed amendments to the draft changes of the EDC by-laws. He emphasized several areas of concern, such as the need for representation from the airport, schools, and Small Business Development Corporation. Ted Lewis, Vice Chair of the Economic Development Commission, stated he looked forward to working with the Board and focusing on economic development. He pointed out the current by-laws indicated networking was part of the EDC’s mission to provide a forum for government, business, and education to come together, debate and exchange ideas. Gary Nicely corrected previous statements he had reported concerning compressed natural gas. He urged everyone to call the White House to suggest the use of satellite computer technology on the transportation system. He inquired about Horsepen Run with 25-foot trees which had been removed for storm sewer outflows and laying riprap. Chairman York suggested that if Mr. Nicely had specific questions regarding Horsepen Run that he should contact County Administration and request a review of this issue. John Mileo, a resident of Lansdowne Village Greens, expressed best wishes to Supervisor Reid and family for a happy and healthy Hanukah and best wishes to the Board of Supervisors for a Merry Christmas and happy healthy New Year and to everyone a personal thank you for the fine service to the County. Grace Horvath, a senior at Loudoun County High School’s Academy of Science (AOS), spoke on behalf of the AOS Environmental Club and 350Loudoun in opposition to the Bi-County Parkway. She advocated for improved bus and Metro public transportation. She urged the Board to revoke support of the Bi-County Parkway.

DRAFT


Brett Merritt, a resident of the Broad Run District, referenced the Moorefield Integrated Energy Management Plan. He asserted the first step toward action was admitting a serious problem with the status quo in areas of energy and growth. He commended the Board for establishing a reduction in residential property tax. Jerry Stewart, a resident of Aldie, expressed concern for the Board’s support of the Bi-County Parkway. He questioned the Board’s vision and appealed them to consider solar energy and public transportation alternatives that would alleviate harmful emissions and commuting traffic. Kathee Myers, a resident of Purcellville, spoke in support of expanding the Loudoun County Bus Service. She added that the County should expand its coverage and scheduling to increase ridership. She urged the Board to support the Loudoun County bus service and ensure its adequate funding. Martha Polkey stated the Board’s support for the Bi-County beltway was not fulfilling the constituent’s needs. She commented the parkway would contribute to overdevelopment, intense congestion, and degradation of the quality of life. Dan Turlik spoke in opposition to the Bi-County Parkway. He stated it would be throwing away taxpayer money to help developers build additional housing around the route and that the increased traffic level would hurt and not help the county. IN RE: BOARD DISCLOSURES/COMMENTS Supervisor Reid wished everyone Happy Holidays, Merry Christmas and Happy Hanukah. He disclosed the following: On November 13, 2013, met with Mike Banzhaf of Reid Smith, John Peterson from Peterson Companies, and Jeff Saks of Kimley Horn regarding Crosstrail Commercial Center; November 18th, had a phone call with Mr. Banzhaf regarding Crosstrail, Kentler’s proposed development on Goose Creek Golf Course, and proposed Park and Ride at Villages of Leesburg; discussed the Memorandum of Agreement with the towns regarding Northern Virginia Transportation (NVTA) funds pointing out NVTA rules stated it had to be for new and expanded service. He appreciated and thanked Ms. Myers for her statement in support of expanded bus service. He stated the Town of Leesburg were County taxpayers

DRAFT


paying over a hundred million dollars in property taxes and referenced the County’s CIP had no road projects in the Town of Leesburg He pointed out that the Town of Leesburg, like Sterling, had many transit dependent people. He expressed hope for further discussion regarding a Memorandum of Understanding with the Town, and stipulations as to what the Town would pay for with more incentive for certain services extended outside the Town. He encouraged more systems providing service to work and shopping versus destinations and locations. He commented while he had advocated for monies for highway projects, the Town of Leesburg sought fairness and equity in funding based on updated not outdated calculations. Supervisor Volpe reported that the last Transportation and Land Use Committee meeting continued for three-and-a-half hours and apologized if there was not enough discussion on the agenda items. She disclosed the following: On November 7, 2013, met with Peterson Companies to discuss ideas for the Commonwealth Project; November 8th, attended Loudoun County Chamber of Commerce Small Business Awards banquet and congratulated two Algonkian District award winners, Stage Coach Theatre Company for Tourism and Entertainment Business of the Year, and Joey Smiles Photography for Home Based Business of the Year; November 11th, met with Regency HOA, discussed the Data Center ZOAM; November 15th, attended Catholic Business Network breakfast, updated on Business Friendly Zoning Ordinance amendments; November 18th, met with Brambleton representatives, discussed rezoning cases in process; November 21st, attended Cascades Community Association annual meeting, discussed site planning for a MI Homes Project; November 22nd, meeting and tour with BF Saul representatives on Countryside Shopping Center renovation project and indicated it had come along beautifully; November 22nd, met with Goose Creek Village representatives regarding their application; November 27th, met with PTA President for Algonkian Elementary School, discussed upcoming budget; December 2nd, toured the new conservation center building at George Washington University, a state-of-the-art facility for textile restoration and preservation with an anticipated grand opening in April; December 3rd, attended the Sterling Rotary Club meeting and reception; December 4th, met with Evermont Trace representatives, regarding a current land use application. She wished everyone a wonderful Christmas and Happy Hanukah and hoped they enjoyed the holidays and spirit of the season.

DRAFT


Supervisor Higgins stated he hoped everyone had a great Thanksgiving, a Happy Hanukah, a Merry Christmas and a Happy New Year coming up. He disclosed the following: On November 11, 2013, phone call discussing Wheatland cell tower with Frank Sterns; November 12th, met with Crosstrail representatives on their application; November 13th, met Chris Avery and discussed Evergreen Mills soccer fields; November 13th, met Ms. Overman on B&B changes; December 4th, met Mike Romeo and others to discuss the Evermont Trace rezoning application. He thanked Terry Wharton for his service to the County over the past 30 years. He thanked the Board for supporting the Resolution to the Commonwealth Transportation Board honoring John Lewis, architect, historian, and patriarch of Loudoun’s historic preservation efforts. He pointed out that this resolution was endorsed by the Heritage Commission and the Virginia Department of Historic Resources. He suggested visiting the Thomas Balch Library and www.loudoun.gov/historic to review his work. He thanked Patty Psaris, Catoctin Creek Scenic River Advisory Committee member, who initiated the request. Supervisor Buona disclosed the following: On November 7, 2013, met with Lori Greenlief of McGuire Woods and Jeff Snow from Digital Realty, to discuss the data center ZOAM 2013-0003; November 13th, met with Charles Elliott, John Elcano, and Alex Ross of Toll Brothers, Mike Banzhaf from Reed Smith, Packie Crown of Bowman Consulting, and Bob Klancher the Planning Commissioner, to discuss Belmont Executive Center, ZMAP 2013-0003; November 15th, met with Joanne Therich from Janelia Farm Research Campus, to discuss the Ashburn Village Blvd/Route 7 interchange project with Howard Hughes Medical Institute planning to make a cash contribution in December for the project; November 20th, met with Scott Plein to discuss a potential land-use application near Belmont Green; November 27th, met with Larry Beerman and Alan McKelvie from Goose Creek Village North, and Chris Gleckner of Walsh Colluci to discuss property rezoning near Sycolin Road/Belmont Ridge Road and ZMAP-2012-0015. He reminded Supervisors that the Joint Committee of School Board and Board of Supervisors would meet on December 5th, at the School Administration Building, to discuss consolidation between County and School functions. He reminded the Board that the Finance Government Services and Operations Committee meeting was now scheduled for December 18th. He pointed out that the Board had approved less than 150 residential units in two years and stressed the Board could not control what was approved prior

DRAFT


or as by-right. He commented that the 2015 budget was approaching and that this budget would be very challenging. Supervisor Williams thanked the public who expressed their concerns during public input. He disclosed the following: On November 21, 2013, met with Jo Thoburn from Fairfax Christian School and Colleen Gillis Snow of Cooley to discuss a potential land-use application; November 22nd, had a phone conversation with Dave Bennion regarding Dulles World; November 25th, discussed Dulles World proffers with Staff Aide Caleb Weitz, Dave Bennion, Colleen Gillis-Snow, and Brian Winterhalter; December 4th, phone conversation with Dave Bennion to discuss Dulles World. He thanked his colleagues for a productive year, their families for the patience to support them in public service, County staff for the late nights and support provided to the Board and his office for all the hard work. He wished Happy Holidays to all. Supervisor Letourneau echoed Supervisor Williams’ comments about the fantastic staff from County Administrator, Tim Hemstreet, on down. He expressed appreciation and noted the Board’s success was dependent on staff support. He disclosed the following: November 7, 2013, met with Will Castleberry of Facebook and Jeff Novak of AOL regarding data center concerns and the proposed Data Center ZOAM; November 19th, attended Stone Ridge Association Annual Meeting to update the community; with Supervisor Buona attended a ribbon cutting for United Airlines’ new hangar at Dulles Airport, a major investor in Loudoun County employing 6,000 people at the Washington Dulles hub; December 5th, conducted the 4th quarter Town Hall meeting at Freedom High School, South Riding. He reminded the Board that there would be no Economic Development Committee meeting in December. He introduced and welcomed Amanda McLaughlin as his new office staff member. He commented he was pleased with the overall progress with strategic goals and objectives set by the Board. He emphasized the Board’s commitment to prioritizing Metro and the local bus system and to keeping ahead of planned development. Supervisor Clarke thanked the public for attending tonight’s meeting. She pointed out the Bi-County Parkway was part of the Countywide Transportation Plan (CTP) for years as a community road. She further explained the Board had passed a resolution to support four lanes and not six lanes. She appealed to her

DRAFT


colleagues to support a four-lane road to the Prince William County line. She disclosed the following: On November 7, 2013, had a conference call with Lori Greenlief from McGuire Woods and Jeff Snow and Scott Morrow of Digital Realty to discuss the upcoming data zoning ordinance; November 12th, staff meeting regarding PRAP-2013-0079 Rick Barbee/ZMAP to rezone from R-1 to R-8; November 12th, staff attended the Route 50 Task Force Meeting; November 12th, spoke at Brambleton Homeowners Association’s Annual Community Meeting; November 18th, met with Dawn Klassen, Hal Cline, and Chris Glassmoyer regarding the Round Hill Fire Department and Aldie Trail; November 18th, met with Search Firm regarding the search for a new school system Superintendent; November 19th, staff attended PRAP for Loudoun County Sanitation Authority special exception or CMPT; November 19th, attended Loudoun Water’s community meeting on a proposed alternative water tank site; November 20th, staff met with VDOT and County staff regarding the Middleburg Sidewalk Project; November 20th, met with Helen Cuervo of VDOT and constituent Doug Kemmerer to discuss protection, preservation, and maintenance of rural roads; November 21st, attended Round Hill Town Council’s meeting to brief and update the Council on the Western Loudoun Sheriff’s Substation property and plans for a future Round Hill Fire and Rescue Station; November 22nd, staff met with Bill Yauss of Drees Homes, VDOT representatives, and County staff, with regards to paving a portion of Braddock Road; November 22nd, spoke with Steve Schulte with Brambleton for a project update; November 25th, met with Ron MacLaren from the Village of St. Louis to discuss Bland Property; November 25th, met with Arcola Volunteer Fire Department and Mr. Kroboth regarding the new Brambleton Fire Station problem resolutions; December 2nd, staff met with Rob Baker and Jack Gallagher of Richmond American, Randy Minchew and Mike Romeo from Walsh Colucci to discuss Evermont Trace rezoning application; December 2nd, attended Allder School Road Project community meeting at Woodgrove High School Library. Chairman York disclosed the following: On November 7, 2013, met with Jeff Snow, Laurie Greenlief, and Scott Morrow regarding Digital Realty and Data Center ZOAM; November 12th, met Don Wooden and Nick Liu from the Meladon Group regarding plans for Silver Line land parcels; November 18th, phone call with William Baker regarding Autumn Hill development; November 20th, phone call with Mindy Williams regarding Children’s Science Museum; November 22nd, met with Brian Cohen from Willowsford for an

DRAFT


update with respect to development. He commented it truly had been a season of thanksgiving. He reported that the Board allocated $6,000 for the Discovery Elementary School proposed inclusive playground fund and thanked Eric Trump of Trump Organization for contributing $7,000. He commented on the blanket drive and that the blankets were the greatest need in the Syrian Refugee Camps that he visited while on a recent trip to Turkey. He further stated $6,000 was donated to purchase blankets, the Turkish delegation pledged to purchase more, and the Secretary of Transportation secured shippers to provide free shipping on the containers to ship the blankets to Turkey. He expressed appreciation for success of the drive and thanked all contributors. He stated December 12th was the closing date for the Virginia Transportation Infrastructure Bank’s Pacific Boulevard/Kincora Project. He thanked Staff Aide Robin Bartok for coordinating and keeping contacts on course. He questioned the philosophy of not building roads to save the environment when people had to get around. He explained that this Board had approved four lanes with a six-lane right-of-way for possible future road expansion of the Bi-County Parkway. He stressed the importance of preserved additional lanes for possible future other uses, such as bike lanes or trails. IN RE: COUNTY ADMINISTRATOR COMMENTS

Tim Hemstreet, County Administrator announced that Loudoun County Transit sought comment on proposed bus schedules for weekday service to the new Silver Line Metrorail stations, service beginning early in 2014, and draft schedules could be viewed online at loudoun.gov/silverlinebuses, with comments accepted through December 13th, or emailed comments accepted at [email protected]. He explained the county’s online mapping system, WebLogis, was accessible on tablets and touch screen devices, and Loudoun’s Geographic Information System, or GIS, provided access to dozens of layers of mapped information, was recently upgraded to support finding directions from one address in the county to another, with more online information available at loudoun.gov/weblogis. He announced Loudoun County received the Distinguished Budget Presentation Award from the Government Finance Officers Association of the United States and Canada for presentation of the Fiscal Year 2014 budget. He pointed out the association cited Loudoun County government and staff for a “commitment to meeting the highest principles of governmental budgeting,” and added the complete FY14 budget was online at

DRAFT


loudoun.gov/budget. He concluded by stating Loudoun County fire officials reminded everyone that although winter holidays were a time for celebration, by following some simple prevention measures, you could greatly reduce risk of fire in your home and enjoy a safe holiday season, with more information available online at loudoun.gov/fire. IN RE: (4b) APPOINTMENTS

A. CONFIRMATIONS CONFIRMATIONS (requiring a ballot and separate vote)

Loudoun Water Board of Directors Ballot Votes: The Board of Supervisors voted by two separate ballots on the following nominees: Ballot #1: Terry Allen – Received 3 votes. Michael Alter – Received 2 votes. Dimitri Kesari – Received 2 votes. Mark Koblos – Received 6 votes. Charles McKinney III – Received 1 vote. Martin Sultan – Received 2 votes. Ballot #2: Terry Allen – Received 3 votes. Michael Alter – Received 0 votes. Dimitri Kesari – Received 1 vote. Charles McKinney III – Received 0 votes. Martin Sultan – Received 4 votes. Chairman York moved that the Board of Supervisors confirm Mark Koblos and Martin Sultan for the Loudoun Water Board. Seconded by Supervisor Letourneau. The motion passed 7-0-2, Supervisors Delgaudio and Volpe absent for the vote.

b. Nominations

Affordable Dwelling Unit Advisory Board

DRAFT


Supervisor Volpe nominated Steve Schulte (residential builder or developer position). Supervisor Volpe nominated Dwight Stonerook (architect and Leesburg representative.) Communications Commission Chairman York nominated Michael Monrroy as the Sterling District representative (on behalf of Supervisor Delgaudio.) Community Criminal Justice Board Chairman York nominated Shadi Sarkis as the Sterling District representative (on behalf of Supervisor Delgaudio.) Supervisor Higgins nominated Warner Workman as the Catoctin District representative. Courthouse Grounds Committee Chairman York nominated Stephanie Kincaid as the Sterling District representative (on behalf of Supervisor Delgaudio.) Facility Standards Manual Board Supervisor Reid nominated Jim Kirk. Family Services Board Supervisor Reid nominated Rusty Foster. Fire and Rescue Commission Supervisor Clarke nominated Mark Fontaine. Heritage Commission Supervisor Clarke nominated Tony Buffington. Library Board of Trustees Chairman York nominated Andrew Beacham as the Sterling District representative (on behalf of Supervisor Delgaudio.)

IN RE: (9) AFFIRMATION OF PERSONAL PROPERTY TAX RATES FOR TAX YEAR 2014

Supervisor Buona moved that the Board of Supervisors affirm the 2014 personal property tax rates, as shown on Attachment 1 to

DRAFT


the December 4, 2013 Board of Supervisors Action Item, as part of the FY15 budget. (Attached at the conclusion of these Minutes.) Seconded by Supervisor Letourneau. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote. IN RE: (11) MEMORANDUM OF AGREEMENT WITH NVTA; MEMORANDUM OF

AGREEMENT WITH TOWNS OF LEESBURG AND PURCELLVILLE REGARDING NVTA FUNDS

Chairman York moved that the Board of Supervisors instruct the County Administrator to transmit the comments and proposed edits contained in the proposed Memorandum of Agreement between Loudoun County and the NVTA; and in the proposed Memorandums of Agreement between Loudoun County and the Towns of Leesburg and Purcellville to NVTA. Seconded by Supervisor Reid. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote. IN RE: (14) ZOAM-2013-0006/PROPOSED ZONING ORDINANCE AMENDMENT

TO REVISE THE UTILITIES REQUIREMENT IN THE JLMA-1, JLMA-2, AND JLMA-3 ZONING DISTRICTS IN THE REVISED 1993 LOUDOUN COUNTY ZONING ORDINANCE

Chairman York moved that the Board of Supervisors approve ZOAM-2013-0006, Proposed Zoning Ordinance Amendment to revise the Utilities Requirement in the JLMA-1, JLMA-2 and JLMA-3 Zoning Districts in the Revised 1993 Loudoun County Zoning Ordinance, as set forth in Attachments 1, 2 and 3 of the Action Item for the December 4, 2013 Board of Supervisors’ Business Meeting. (Attached at the conclusion of these Minutes.) Seconded by Supervisor Clarke. The motion passed 7-1-1, Supervisor Reid voted no and Supervisor Delgaudio absent for the vote. IN RE: (16) BOARD MEMBER INITIATIVE: COMMUTER BUS SYSTEM

OVERCAPACITY EVALUATION (This item was initiated by Supervisor Clarke.) Supervisor Clarke moved that the Board of Supervisors request the Commuter Bus Advisory Board work with the Department of Transportation and Capital Infrastructure staff to evaluate the issue of Commuter Bus and Park & Ride overcrowding in Loudoun County.

DRAFT


Supervisor Clarke further moved that the Board request the Commuter Bus Advisory Board to return to the Board of Supervisors with options and recommendations to include how to alleviate this problem in the immediate term and to create a plan for addressing the projected reoccurrence of these problems in the future. Seconded by Supervisor Reid. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote. IN RE: (21)BOARD MEMBER INITIATIVE: FUNDING FOR PATRIOT PROJECT (This item was initiated by Chairman York.) Chairman York moved that the Board of Supervisors direct staff to appropriate $50,000 in General Fund Balance to the Patriot Project. Seconded by Supervisor Reid. Chairman York amended his motion that the Board would appropriate $50,000 to the Patriot Project from General Fund Balance, but distribution would not occur until the time when the project had $50,000 remaining to be funded. Seconded by Supervisor Reid. Chairman York’s motion, as amended, passed 8-0-1, Supervisor Delgaudio absent for the vote. IN RE: (23F) FINANCE/GOVERNMENT SERVICES AND OPERATIONS

COMMITTEE REPORT: RECRUITMENT AND APPOINTMENT OF MEMBERS TO THE BOARD OF EQUALIZATION

Supervisor Buona moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee to solicit interested candidates for appointment to the Board of Equalization by directing staff to publish the proposed notice in the newspaper and on the website and to distribute the notice to appropriate professional organizations. Supervisor Buona further moved that staff return to the Finance/Government Services and Operations Committee with a proposal to create BOE compensation based upon a fixed annual amount. Seconded by Supervisor Letourneau. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote.

DRAFT


IN RE: (23G) FINANCE/GOVERNMENT SERVICES AND OPERATIONS COMMITTEE REPORT: RESOURCE REQUIREMENTS FOR ENTERPRISE RESOURCE PLANNING (ERP) SYSTEMS

Supervisor Buona moved that the Board of Supervisors approve the recommendation of the Finance/Government Services and Operations Committee to direct staff to prepare budget adjustments which appropriate unallocated FY 2013 General Fund balance as follows:

a. $1,679,999 for the Phase 1 Enterprise Resource Planning (ERP) project requirements; b. $341,876 for 6.00 FTEs in the Department of Management and Financial Services and $62,717 for 1.00 FTE in the Department of Information Technology for ongoing operational, maintenance and technical support of the various modules implemented in Phase 1 of ERP as well as modules to be implemented in Phases 2 and 3 of ERP; c. $444,981 for Phase 2 start-up activities; and d. $7,036,333 in an ERP Implementation Contingency account, wherein the funds may only be released after review and approval of the Finance/Government Services and Operations Committee.

Supervisor Buona further moved that staff present to the Finance/Government Services and Operations Committee monthly status reports based on cost, schedule and performance/technical milestones, with associated variances. Supervisor Buona further moved that the Board of Supervisors authorize the Purchasing Agent to increase the contract award authority to AST by $3,876,595 for a total of $24,926,659. Seconded by Supervisor Letourneau. The motion passed 7-1-1, Supervisor Clarke voted no and Supervisor Delgaudio absent for the vote. IN RE: (24A) TRANSPORTATION AND LAND USE COMMITTEE REPORT:

ZCPA-2012-0002/DULLES WORLD CENTER Vice Chairman Williams moved that the Board of Supervisors forward ZCPA 2012-0002, Dulles World Center, to the January 2, 2014 Board Business Meeting for action. Seconded by Supervisor

DRAFT


Volpe. The motion passed 7-1-1, Supervisor Clarke voted no and Supervisor Delgaudio absent for the vote. IN RE: (24B) TRANSPORTATION AND LAND USE COMMITTEE REPORT:

LOCAL FIXED ROUTE TRANSIT ANALYSIS – FINAL REPORT Supervisor Volpe moved that the Board of Supervisors approve the recommendation of the Transportation and Land Use Committee and endorse the proposed changes and recommendations of the local fixed route transit analysis; and direct staff to include those elements to:

a. Forward the local fixed route changes to the Virginia Department of Rail and Public Transportation as part of the annual TDP update to meet the December 2013 deadline; b. Develop the FY2015 Proposed Budget for local fixed route service in advance of the state grant application; c. Develop the FY2015 state grant application(s) related to local fixed route service to meet the February 1, 2014 deadline; and d. Develop the procurement documents for a local fixed route transit provider for a minimum three year contract period beginning July 1, 2014.

Seconded by Supervisor Buona. Supervisor Letourneau amended the motion to:

a. Direct staff to utilize $50,000 in projected FY14

gasoline tax transit appropriated balance to fund a survey of households in the area bound by the Greenway to the north, Belmont Ridge/Northstar Blvd alignment to the west, Dulles Airport and Fairfax County to the east and Prince William County to the south.

b. Include funding for a fixed route to serve the target

area to be surveyed in the TDP FY15 budget, state operating grant application and the procurement process for service beginning July 1, 2014.

Seconded by Supervisor Clarke.

DRAFT


Supervisor Letourneau’s amended motion passed 8-0-1, Supervisor Delgaudio absent for the vote. Supervisor Reid amended the motion that the Board of Supervisors direct staff to utilize up to $50,000 in projected FY14 gasoline tax transit appropriated balance to fund a survey to determine the feasibility of a bus route that will extend from downtown Leesburg to the Government Support Center on Sycolin Road and then to Ashburn and via Ashburn Farm Parkway, Waxpool Road and Pacific Boulevard.

Supervisor Reid further moved to include funding in the Transit Development Plan (TDP), FY2015 budget for a fixed route to serve the target area for the state operating grant application and the procurement process beginning July 1, 2014. Seconded by Supervisor Higgins. Supervisor Reid’s amended motion FAILED 4-4-1, Supervisors Buona, Clarke, Volpe and Williams voted no and Supervisor Delgaudio absent for the vote. Supervisor Buona moved that the Board of Supervisors forward this item to the Transportation and Land Use Committee for further refinement. Seconded by Vice Chairman Williams. Supervisor Buona withdrew this motion. Supervisor Reid moved that the Board of Supervisors direct staff to devise a separate memorandum of understanding (MOU) on how those fixed bus routes will be routed and scheduled and direct staff to study the fiscal impact of the County contributing 75 percent toward any service that extends outside the town limits and 50 percent within the town limits, as long as the buses stop at a County facility, such as the County Government Support Center, the Shenandoah Building and the Government Support Center/Commuter Bus Lot on Sycolin Road. The MOU shall be forwarded for further discussion to a future Finance/Government Services and Operations Committee meeting. Seconded by Supervisor Higgins. Supervisor Reid withdrew the motion regarding the MOU for the Town. Chairman York moved that the Board of Supervisors authorize the Chairman and the Vice Chairman to schedule a Committee of the Whole meeting to discuss public transportation particularly bus service throughout the County of Loudoun. Seconded by Supervisor Clarke.

DRAFT


Chairman York’s motion passed 8-0-1, Supervisor Delgaudio absent for the vote. Supervisor Reid amended the motion to direct staff to prepare and advertise a single procurement for the operation of fixed route bus service in the County and Town of Leesburg. Seconded by Supervisor Higgins. The amended motion passed 8-0-1, Supervisor Delgaudio absent for the vote. Voting on the main motion, as amended, passed 8-0-1, Supervisor Delgaudio absent for the vote. IN RE: (24C) TRANSPORTATION AND LAND USE COMMITTEE REPORT:

UPDATE ON WATER RESOURCES TECHNICAL ADVISORY COMMITTEE ACTIVITIES

Supervisor Volpe moved that the Board of Supervisors direct the Water Resources Technical Advisory Committee, with staff assistance, to develop a general work plan recommending an approach for a detailed examination and assessment of costs and potential funding options for watershed management. Seconded by Chairman York. Supervisor Volpe accepted Supervisor Buona’s amendment that any effort involved in this task that requires additional outside resources or additional costs has to be approved by the Board. Supervisor Volpe accepted Chairman York’s amendment that the Water Resources Technical Advisory Committee provide monthly updates to the Transportation and Land Use Committee on their work. Supervisor Volpe’s motion, as amended, passed 8-0-1, Supervisor Delgaudio absent for the vote. IN RE: (24D) TRANSPORTATION AND LAND USE COMMITTEE REPORT:

ZMAP-2012-0021, SPEX-2012-0047, SPEX-2012-0048, SPEX-2012-0049, ZMOD-2013-0002, SPMI-2013-0008/CROSSTRAIL COMMERCIAL CENTER

Supervisor Volpe moved that the Board of Supervisors approve ZMAP 2012-0021, SPEX 2012-0047, SPEX 2012-0048, SPEX 2012-0049, SPMI 2013-0008 and ZMOD 2013-0002, Crosstrail Commercial Center,

DRAFT


subject to the proffers dated December 2, 2013, and based on the Findings for Approval and subject to the Conditions of Approval dated November 26, 2013 for SPEX 2012-0047 and SPMI 2013-0008 in the December 4, 2013 staff report. Seconded by Supervisor Higgins. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote. IN RE: (25A) ECONOMIC DEVELOPMENT COMMITTEE REPORT: ROLE AND

STRUCTURE OF THE ECONOMIC DEVELOPMENT COMMISSION (EDC)/REVISION TO EDC BY-LAWS

Supervisor Letourneau moved that the Board of Supervisors accept the recommendations of the Economic Development Committee, restructuring the Economic Development Commission and adopting the by-law revisions, as proposed to be effective January 1, 2014. (Attached at the conclusion of these Minutes.) Seconded by Supervisor Buona. Supervisor Letourneau accepted Chairman York’s friendly amendment to change the name as adopted by the Economic Development Committee to Economic Development Advisory Commission (EDAC). Supervisor Letourneau accepted Chairman York’s friendly amendment that the word be changed from “may” to “will” in Article III, A, 2 (PAGE 2) of the by-laws. Chairman York moved an amendment to the motion which would revert to the current process that was currently being used to select the members of the Commission. The motion FAILED 3-5-1, Supervisors Buona, Clarke, Higgins, Letourneau, and Volpe voted no and Supervisor Delgaudio absent for the vote. Supervisor Reid moved an amendment to include representatives of the Metropolitan Washington Airports Authority, Washington Airports Task Force, Loudoun County Public Schools and Small Business Development Center as members of the restructured EDAC (nonvoting). The motion died due to lack of a second. Supervisor Letourneau’s motion, as amended, passed 8-0-1, Supervisor Delgaudio absent for the vote.

DRAFT


IN RE: (28) ALIGNING COUNTY AND STATE HOLIDAY SCHEDULES AFTER GOVERNOR’S DECLARATION OF ADDITIONAL TIME OFF FOR STATE EMPLOYEES

(Supervisor Reid disclosed that his wife is a salaried employee of the County in the Department of Parks, Recreations and Community Services and declared he was eligible to participate in the transaction fairly, objectively and in the public interest.) Supervisor Clarke moved that the Board of Supervisors approve County government offices to close on December 23rd in keeping with the additional time off granted by Governor McDonnell for State employees. Seconded by Vice Chairman Williams. Supervisor Reid moved a substitute motion that the Board of Supervisors approve County government offices to close half a day on December 23rd. (This motion died due to lack of a second.) Supervisor Clarke’s motion passed 8-0-1, Supervisor Delgaudio absent for the vote. IN RE: (29) RECONSIDERATION OF BOARD ACTION TAKEN ON NOVEMBER

6, 2013: “ITEM 14 – PROPOSED LIFTING OF MORATORIUM ON THE GRANTING OF TAX EXEMPTIONS BY DESIGNATION”

Chairman York moved that the Board of Supervisors reconsider Item #14 - Proposed Lifting of Moratorium on the Granting of Tax Exemptions by Designation from the November 6, 2013 Board Business Meeting. Seconded by Supervisor Buona. The motion passed 6-2-1, Supervisors Williams and Letourneau voted no and Supervisor Delgaudio absent for the vote.

[The following motion was made at the November 6, 2013 Board Business meeting: “Supervisor Letourneau moved a substitute motion that the Board of Supervisors continue the moratorium on exemptions by designation and direct staff to cease accepting applications, remove any information about the application process for tax exemptions by designation from the website, and direct staff to inform applicants and interested organizations that their application and/or interest will not be considered by the Board, but to inform them that the Board has a nonprofit process in place during the budget

DRAFT


process. (Seconded by Supervisor Reid. The motion passed 6-3, Supervisors Buona, Clarke and Volpe voted no.)”]

Voting on the November 6th substitute motion: Supervisors Letourneau and Williams - Yes; Supervisors Buona, Clarke, Higgins, Reid, Volpe and York – No; Supervisor Delgaudio – Absent for the Vote. This motion FAILED 2-6-1. Chairman York moved that the Board of Supervisors direct staff to advertise the lifting of the moratorium on exemption by designation and accept applications through April 1, 2014 for the non-profit entities to apply for tax exemption for tax year 2015.

Chairman York further moved that staff be directed to contact applicants who have submitted applications since 2009 and organizations who have inquired about the tax exempt program, listed on Attachments 2 and 3 of the staff report dated November 6, 2013, about the lifting of the moratorium on tax exemption by designation, and the application process. Chairman York further moved that the Board forward to the Finance/Government Services and Operations Committee review of the exemption criteria, and discuss the feasibility of an annual application process for property tax exemption by designation. Seconded by Supervisor Buona. The motion passed 5-3-1, Supervisors Letourneau, Reid and Williams voted no and Supervisor Delgaudio absent for the vote. IN RE: (30) RESOLUTION OF APPRECIATION FOR SECRETARY OF

TRANSPORTATION OF THE COMMONWEALTH OF VIRGINIA, SEAN T. CONNAUGHTON

(This item was initiated by Chairman York.) Chairman York moved that the Board of Supervisors suspend the rules. Seconded by Supervisor Letourneau. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote. Chairman York moved that the Board of Supervisors adopt a Resolution of Appreciation for Sean T. Connaughton, Secretary of Transportation for the Commonwealth of Virginia. (Attached at the conclusion of these Minutes.) Seconded by

DRAFT


Supervisor Buona. The motion passed 8-0-1, Supervisor Delgaudio absent for the vote. The Resolution of Appreciation for Sean T. Connaughton will be presented at a future date. IN RE: ADJOURNED Chairman York adjourned the Board Business Meeting. ____________________ ______________________ CHAIRMAN COUNTY ADMINISTRATOR ____________________ _______________________ DATE DATE

(These minutes include a summary of the discussions on matters proposed, deliberated or decided at this meeting. For a complete and detailed record of the discussions, please consult the audio recording of the meeting in the County Administrator’s office. In addition, a video webcast for the meeting may be available on the County’s website, www.loudoun.gov.)

DRAFT

M I N U T E S

LOUDOUN COUNTY BOARD OF SUPERVISORS

DECEMBER 11, 2013 At a public hearing meeting of the Board of Supervisors of Loudoun County, Virginia, held at the County Government Center in the Board of Supervisors' Meeting Room, 1 Harrison Street, S.E., Leesburg, Virginia on Wednesday, December 11, 2013 at 6:00 p.m.

PRESENT: Scott K. York, Chairman

Shawn Williams, Vice Chairman Ralph Buona

Janet Clarke Eugene Delgaudio Matthew Letourneau Ken Reid Suzanne Volpe

ABSENT: Geary Higgins IN RE: CALL TO ORDER Chairman York called to order the public hearing and stated that for this meeting, members of the public would have up to three minutes to speak during public input. IN RE: (1)INTENT TO ADOPT–THE CODIFIED ORDINANCES OF LOUDOUN

COUNTY, EMERGENCY MEDICAL SERVICES TRANSPORT REIMBURSEMENT

John Sandy, Assistant County Administrator, provided a brief update on the item to the Board. Public Comments: Aron Kahn, the President-Elect of Purcellville Rescue, spoke in opposition to the item unless the formula for reimbursement was reconsidered. Fred Muller, an 18-year EMS volunteer with the County, spoke in opposition to the item with the proposed reimbursement schedule. Byron Andrews is Chief of Sterling Volunteer Rescue Squad and thanked both the Board and staff for their hard work on this item. He stated if the fee schedule could be adjusted, this would be a good source of funding for the County. Board Comments: Several Board members expressed concern that more time was needed to fully review the proposal and believed that this item should be reviewed by the Fire and Rescue Commission. Supervisor Buona explained that this item had been through an approximately 15-month review process by the Finance/Government Services and Operations Committee, and that several public outreach meetings had also been held. Supervisor Buona moved that the Board of Supervisors suspend the rules. Seconded by Vice Chairman Williams. The motion failed 4-4-

DRAFT

MINUTES BOARD OF SUPERVISORS’ PUBLIC HEARING DECEMBER 11, 2013 PAGE 1; Supervisors Clarke, Delgaudio, Letourneau, and Reid voted no; and Supervisor Higgins absent for the vote. Supervisor Buona moved that the Board of Supervisors forward the Ordinance to establish a new Chapter of the Codified Ordinances of Loudoun County/Emergency Medical Services Transport Reimbursement item to the January 15, 2014 Board of Supervisors’ Business Meeting for action. Seconded by Supervisor Reid. Supervisor Clarke moved a substitute motion to forward Item #1, The Codified Ordinances of Loudoun County, Emergency Medical Services Transport Reimbursement, to the Fire and Rescue Commission to further evaluate the proposed system, taking into consideration station ownership, personnel and revenue sources and to return this item to the Board of Supervisors with any changes and recommendations. Seconded by Supervisor Delgaudio. The motion failed 2-6-1; Supervisors Buona, Letourneau, Reid, Volpe, Williams, and York voted no and Supervisor Higgins absent for the vote. Supervisor Buona’s original motion passed 7-1-1; Supervisor Clarke voted no and Supervisor Higgins absent for the vote.

IN RE: (2) ADOPTION OF A BOUNDARY LINE ADJUSTMENT AGREEMENT

TO CHANGE THE BOUNDARY LINE BETWEEN LOUDOUN COUNTY, VIRGINIA, AND THE TOWN OF PURCELLVILLE, VIRGINIA (BROOKFIELD AUTUMN HILL, L.L.C., AND BROOKFIELD-WASHINGTON, L.L.C., PROPERTIES)

Jack Roberts, County Attorney, provided a brief update on the item to the Board. Public Comments: Kelli Grim, resident of Purcellville, spoke in opposition to this item. Joseph Lafiandra, the President of Brown’s Farm HOA, spoke in opposition to the item. John Hightower, a resident of Purcellville, stated he was opposed to the proposed boundary line adjustment. William Baker, a resident of Purcellville, stated his property was adjacent to the Autumn Hill property and that he was opposed to the boundary line adjustment. Ann Stiller, a resident of Purcellville, spoke in opposition to the proposed boundary line adjustment. Richard Corns, a resident of Purcellville, stated he was opposed to the proposed boundary line adjustment. Sam Brown, a resident of Purcellville, spoke in opposition to the proposed boundary line adjustment. Uda Brown, a resident of Purcellville, stated she was opposed to the proposed boundary line adjustment.

DRAFT

MINUTES BOARD OF SUPERVISORS’ PUBLIC HEARING DECEMBER 11, 2013 PAGE Warren Howell, a resident of Purcellville, stated that if the boundary line adjustment was approved, he would be severely impacted by traffic. Judith Thieman, a resident of Purcellville, spoke in opposition to the proposed boundary line adjustment. Tom Clarke, a resident of Purcellville, stated the project in question started many years ago, and for anyone to say that at this point in time it was one person’s fault was incorrect. He further stated that perhaps people should look at some positive aspects that the development may bring the town. Board Comments: Supervisor Clarke moved a substitute motion to forward Item #2, Adoption of a Boundary Line Adjustment Agreement to change the Boundary Line between Loudoun County, Virginia and the Town of Purcellville, Virginia (Brookfield Autumn Hill, L.L.C., and Brookfield-Washington, L.L.C., Properties) to the Transportation and Land Use Committee and direct staff to work with the builder to calculate the benefit of building consistent with JLMA-3 zoning versus their proposed 257 homes, using current market values and surrounding zoning and comprehensive plan information. Supervisor Clarke further moved that the result of the information be sent back to the Board of Supervisors with a recommendation for the Boundary Line Adjustment Agreement or in keeping the parcel in the County and the recommended development density. Seconded by Supervisor Reid. Chairman York moved a substitute motion that the Board of Supervisors forward the Boundary Line Adjustment Agreement with the Town of Purcellville to the January 2, 2014 Board of Supervisors Business Meeting for action. Seconded by Supervisor Buona. Chairman York did not accept Supervisor Reid’s friendly amendment to forward this item to the Transportation and Land Use Committee for further discussion. Chairman York’s substitute motion passed 6-2-1; Supervisors Clarke and Reid voted no and Supervisor Higgins absent for the vote.

IN RE: (3) ZOAM 2012-0004 /PUBLIC SCHOOLS AS PERMITTED USE

IN CERTAIN ZONING DISTRICTS Larr Kelly, Building and Development, provided a presentation to the Board on the item. Public Comments: Malcolm Baldwin, a resident of Lovettsville, stated he was opposed to any change that would allow a school by right in rural areas. Kelli Grim, a resident of Purcellville, spoke in opposition the proposed zoning ordinance amendment.

DRAFT

MINUTES BOARD OF SUPERVISORS’ PUBLIC HEARING DECEMBER 11, 2013 PAGE Gem Bingol of Piedmont Environmental Council, stated she supported the Planning Commission’s recommendations to add performance standards and keep the special exception process as it currently is. Board Comments: Supervisor Buona stated he did not support schools as a by right use in AR-1, AR-2, and Commercial districts under any circumstance. Chairman York moved that the Board of Supervisors forward ZOAM 2012-0004, Public Schools as Permitted Use in Certain Zoning Districts, to the Transportation and Land Use Committee for further discussion. Seconded by Supervisor Buona. The motion passed 8-0-1, Supervisor Higgins absent for the vote.

IN RE: (4) ZOAM 2012-0005 /PROPOSED ZONING ORDINANCE

AMENDMENT TO REVISE THE CHILD CARE FACILITIES REGULATIONS IN THE REVISED 1993 ZONING ORDINANCE

And

INTENT TO AMEND THE LAND DEVELOPMENT APPLICATION FEE SCHEDULE TO REVISE THE FEES ASSOCIATED WITH CHILD CARE HOMES IN CONJUNCTION WITH THE PROPOSED ZONING ORDINANCE AMENDMENT TO THE CHILD CARE FACILITIES REGULATIONS (ZOAM 2012-0005)

Val Thomas, Building and Development, provided a presentation on the item to the Board. Public Comments: Marie Caranza, an in-home daycare provider in Lovettsville, expressed concerns she had regarding further restrictions on home daycare providers. Board Comments: Several Board members asked staff to clarify the differences between the local ordinance and state regulations. Supervisor Letourneau moved that the Board of Supervisors forward ZOAM 2012-0005, Proposed amendment to revise the Child Care Facility Regulations in the Revised 1993 Loudoun County Zoning Ordinance, to the January 2, 2014 Board of Supervisors Business Meeting for discussion. Supervisor Letourneau further moved that the Board of Supervisors forward the proposed amendments to the Land Development Application Fee Schedule for Child Care Homes to the January 2, 2014 Board of Supervisors Business Meeting for action. Seconded by Supervisor Buona. Supervisor Letourneau withdrew his original motion. Supervisor Letourneau moved that the Board of Supervisors forward ZOAM 2012-0005, Proposed amendment to revise the Child Care Facility Regulations in the Revised 1993 Loudoun County

DRAFT

MINUTES BOARD OF SUPERVISORS’ PUBLIC HEARING DECEMBER 11, 2013 PAGE Zoning Ordinance, to the Transportation and Land Use Committee for further discussion. Supervisor Letourneau further moved that the Board of Supervisors forward the proposed amendments to the Land Development Application Fee Schedule for Child Care Homes to the Transportation and Land Use Committee for further discussion. Seconded by Chairman York. Supervisor Clarke withdrew her friendly amendment to request staff to provide a chart that would show what impact the proposed changes would have on current daycare providers as well as square footage requirements. Supervisor Letourneau withdrew his second motion. Supervisor Letourneau moved that the Board of Supervisors forward ZOAM 2012-0005, Proposed amendment to revise the Child Care Facility Regulations in the Revised 1993 Loudoun County Zoning Ordinance, to the January 2, 2014 Board of Supervisors Business Meeting for further discussion. Supervisor Letourneau further moved that the Board of Supervisors forward the proposed amendments to the Land Development Application Fee Schedule for Child Care Homes to the January 2, 2014 Board of Supervisors Business Meeting for action. Seconded by Chairman York. The motion passed 7-1-1, Supervisor Volpe voted no and Supervisor Higgins absent for the vote.

IN RE: (5)ZMAP 2012-0020/EVERMONT TRACE Evan Harlow, Planning, provided a brief update on the item to the Board. Applicant Comments: Mike Romeo, representative for the applicant, provided a presentation on the item to the Board. Public Comments: Gem Bingol of the Piedmont Environmental Council spoke in opposition to the proposed rezoning. Murali Varanasi, a resident of Ashburn, stated his opposition for the rezoning to the Board. Mike Ali is the owner of the property for over 20 years urged the Board to approve the proposed rezoning. Board Comments: Supervisor Clarke moved that the Board of Supervisors forward ZMAP-2012-0020, Evermont Trace to the Transportation and Land Use Committee for further discussion. Seconded by Supervisor Reid. Supervisor Buona moved a substitute motion that the Board of Supervisors forward ZMAP-2012-0020, Evermont Trace, to the January 2, 2014 Board Business Meeting for action. Seconded by Chairman York.

DRAFT

MINUTES BOARD OF SUPERVISORS’ PUBLIC HEARING DECEMBER 11, 2013 PAGE Supervisor Buona withdrew his substitute motion. Vice Chairman Williams moved a substitute motion that the Board of Supervisors suspend the rules. Seconded by Supervisor Buona. Vice Chairman Williams withdrew his motion to suspend the rules. Vice Chairman Williams moved a substitute motion that the Board of Supervisors forward ZMAP-2012-0020, Evermont Trace, to the January 2, 2014 Board Business Meeting for action. Seconded by Supervisor Letourneau. The motion passed 8-0-1, Supervisor Higgins absent for the vote. IN RE: (6)ZMAP 2012-0015, ZCPA 2012-0011/GOOSE CREEK VILLAGE

NORTH Ginny Rowen, Planning, stated she had nothing further to add to the item, but was available for questions. Applicant Comments: Christine Gleckner, representative for the applicant, provided a brief presentation on the item to the Board. Public Comments: Gem Bingol of the Piedmont Environmental Council stated her opposition to the proposed rezoning. Board Comments: Supervisor Buona moved that the Board of Supervisors forward ZMAP-2012-0015 and ZCPA-2012-0011, Goose Creek Village North, to the January 2, 2014 Board of Supervisors Business Meeting for action. Seconded by Supervisor Williams. The motion passed 8-0-1, Supervisor Higgins absent for the vote. The applicant, Allan McKelvie, agreed to a timeline extension. IN RE: (7)SPEX 2013-0016/PROLOGIS PARK – BUILDING 9 Ginny Rowen, Planning, stated she had nothing further to add to the staff report, but was available for questions. Applicant Comments: Jeff Nein, representative for the applicant, waived his presentation, but stated he was available for any questions. Public Comments: No one from the public chose to speak on this item. Board Comments: Vice Chairman Williams moved that the Board of Supervisors suspend the rules. Seconded by Supervisor Buona. The motion passed 7-0-2, Supervisors Higgins and Reid absent for the vote.

DRAFT

MINUTES BOARD OF SUPERVISORS’ PUBLIC HEARING DECEMBER 11, 2013 PAGE Vice Chairman Williams moved that the Board of Supervisors approve SPEX 2013-0016, Prologis Park – Building 9, subject to the Conditions of Approval dated October 22, 2013, and based on the Findings for Approval included in the December 11, 2013 Board of Supervisors Public Hearing Staff Report. Seconded by Supervisor Volpe. The motion passed 7-0-2, Supervisors Higgins and Reid absent for the vote. IN RE: (8)CPAM 2013-0001/NORTH LOWER SYCOLIN Pat Giglio, Planning, stated he had nothing further to add to the staff report, but was available for questions. Public Comments: No one from the public chose to speak on this item. Board Comments: Chairman York moved that the Board of Supervisors suspend the rules. Seconded by Supervisor Volpe. The motion passed 7-0-2; Supervisors Higgins and Reid absent for the vote. Chairman York moved that the Board of Supervisors approve CPAM 2013-0001, North Lower Sycolin Comprehensive Plan Amendment amending the Planned Land Use Map and appropriate text and policies of the Revised General Plan as included in Attachment 2 and the 2010 Countywide Transportation Plan as included in Attachment 3 to the December 11, 2013 Board of Supervisors Public Hearing staff report. Seconded by Vice Chairman Williams. The motion passed 7-0-2, Supervisors Higgins and Reid absent for the vote. IN RE: ADJOURNED Chairman York adjourned the public hearing. _________________________ _______________________ CHAIRMAN COUNTY ADMINISTRATOR

_________________________ ________________________ DATE DATE (These minutes include a summary of the discussions on matters proposed, deliberated or decided at this meeting. For a complete and detailed record of the discussions, please consult the audio recording of the meeting in the County Administrator’s office. In addition, a video webcast for the meeting may be available on the County’s website, www.loudoun.gov/webcast.)

DRAFT

action items · \10570\dwg\13-q3302.dwg, dated august 19, 2013, entitled “easement plat showing...

Documents